HAIDER ALI Vs. SAYAD AKBAR ALI

JUDGEMENT

(1.) The present writ petition has been filed for quashing the order dated 24.06.2019 (Annexure-8 to the writ petition) passed by the District Judge-II, Deoghar in Civil Appeal No. 32 of 2017 whereby the said appellate court sent the lower court record back to the original court for correction in cause title of the plaint, judgment and decree as the judgment and decree were passed/prepared in the name of a dead person. Further prayer has been made to direct the original court to proceed with the suit afresh.

(2.) Heard the learned counsel for the petitioner and perused the contents of the writ petition.

(3.) The petitioner being the defendant, aggrieved by the judgment dated 28.08.2017 and decree dated 08.09.2017 passed/prepared by the Civil Judge (Sr. Division)-IV, Deoghar in Title (Eviction) Suit No. 23 of 2009, preferred an appeal being Civil Appeal No. 32 of 2017 before the Principal District Judge, Deoghar. Learned District Judge-II, Deoghar while entertaining the said appeal, noticed that the name of plaintiff no. 1 was wrongly mentioned as Sayad Mehdi Hussain in the judgment and decree of the original court as he had already died during pendency of the said suit on 09.11.2011. It was also noticed by the appellate court that the original court vide order dated 18.05.2012 had allowed the substitution petition filed on behalf of the plaintiffs with a direction to substitute the heirs of late Sayad Mehdi Hussain in the cause title of the plaint, yet the same was not incorporated in the plaint and by mistake, the judgment and decree was prepared mentioning the name of plaintiff no. 1 as Sayad Mehdi Hussain. Accordingly, the learned appellate court sent back the lower court record to the original court for correction in the plaint, judgment and decree.